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Home: Meeting Minutes List: Meeting Minutes FEBRUARY 10, 2003 Mayor Sohm welcomed and thanked everyone for attending the meeting. Councilman Don Cundiff gave the invocation. The Pledge of Allegiance to the Flag was said. Mayor Sohm called the meeting to order at 6:33 p.m. In attendance were Council members Stacey Cline, Don Cundiff, Larry Hatfield, Tony Miller, Margaret Moore and James Watkins. Tony Miller made motion to dispense with reading of 1/27/2003 regular meeting minutes. Stacey Cline 2nd. Motion carried 6-0. Larry Hatfield stated there was a typographical error on page two. He then asked City Clerk Tammy Owen if she did her minutes from the tapes or from written copy? She answered from written copy. He stated there was a question he asked on page three that needs some clarification. She stated she would go back and listen to the tapes and make corrections. Larry Hatfield made motion to approve minutes with corrections. Stacey Cline 2nd. Motion carried 6-0. Mayor Sohm introduced Tracy Corbit, our newest City employee. She will be replacing Tonya Taylor who went to Louisville Water Company. Mayor Sohm asked the Council to start thinking about when they would like to have the citywide garbage pick up. He suggested waiting until April when the weather was better. He stated we would discuss this at a future meeting. Discussion followed on the request by Miller Haarman LLC to take over River Oaks subdivision. Mayor Sohm stated that there were some questions about sewers in the subdivision. Public Works Foreman Jesse Walls stated that the sewers had all been sealed and were okay and that all were in easements. PWF Walls stated there were no sidewalks around the cul-de-sac and that the core samples that were taken were good. Mayor Sohm stated that the City does not take over drainage. He asked PWF Walls if we had received an “as built” set of plans? PWF Walls answered yes. Mayor Sohm stated that the problems we contacted Mr. Miller about have been corrected to the satisfaction of PWF Walls. Larry Hatfield stated he had a question on the sewers. He asked we required them to seal the manholes is that correct? PWF Walls answered yes. Mr. Hatfield asked if we are doing that on the project we’re over? PWF Walls answered yes we are going to have to seal them too. There were several residents present at the meeting with concerns about River Oaks subdivision. Several residents addressed the Council about their concerns. After hearing the residents concerns Mr. John Miller, developer of River Oaks subdivision also addressed the Council regarding the residents concerns. He stated he was at the meeting tonight to again ask that the City take over the subdivision. Larry Hatfield stated he feels this is not all Mr. Miller and Mr. Haarman’s fault. He feels the City is partly at fault also. He feels the City dropped the ball. He stated he got a letter from Mr. Miller and Mr. Haarman and evidently they met with the City two or three times asking the subdivision be taken over. He stated we don’t have it now, but we had a part time Mayor before, now we have a full time Mayor and there are a lot of times that something needs to be done but since we work other jobs we have to try to work them in our schedules also. Try to keep in mind that we want what’s best for you all but its not all Mr. Miller and Mr. Haarman’s fault either. Mayor Sohm stated he has to disagree with Mr. Hatfield in regard to whether the Mayor has to be here or not. He stated he does not run the TV camera. He does not do the core samples. The core samples had to be taken, the TV camera had to be run into the sewers and that has nothing to do with the Mayor’s position. He stated just for the record the letter was sent to City Hall on August 26th. It was discussed at the City Council meeting on September 9th. PWF Walls was requested to hire someone or get the public works department to get the core samples. They did that. Mr. Miller did address the Council on September 9th but there was no mention about this project whatsoever. The reason he signed up to speak at that meeting was the KOA project that he was starting. On October 28th we asked PWF Walls if he was finished with the videotaping, he said he was not. It was also discussed on November 25th. That was the second time it was discussed at the meeting. Then on January 27th we started receiving phone calls about the streetlights being out. He stated he did not know if there was a conversation between Mr. Miller and PWF Walls during this time on what needed to be done. He stated he thinks that was done. He also stated if we had enough personnel to do this ourselves we wouldn’t have to hire it out. He stated he does not necessarily blame the City. He also stated like anything else everything we do we could probably do faster. But we do make sure we take all the correct steps and we have laws that we have to go by. So we can’t just rush into something. Mayor Sohm stated he does not know if we could have gotten it done any faster than we did. If the subdivision had been built correctly without any problems then in September it would have been taken over. City Attorney Lemme stated that by taking over the subdivision, principally what is meant is the City accepts the street system as part of the City and will maintain it and accepts the sewer lines so that if there are problems or breakage, the City we’ll repair that as opposed to the developer. Taking over is really limited to the streets and sewers. Tony Miller asked City Attorney Lemme about the sidewalks. He stated he went with PWF Walls to look at the five yards without sidewalks and can understand because of the slope why sidewalks were not put in there. He stated he does not feel we want to take the sidewalks in because that’s the homebuilder’s problem to fix. City Attorney Lemme replied this subdivision was built prior to the design criteria going into effect. He stated if the sidewalk is on the lot and not on the right of way the City would not take over sidewalks. Larry Hatfield asked if the sidewalks were in the right of way? Mayor Sohm answered yes. City Attorney Lemme stated if they are in the right of way they stay with the City. Mr. Miller then asked if the City would be responsible for fixing the sidewalks with cracks? City Attorney Lemme stated if they take it in, yes. Larry Hatfield asked if they were cracked or busted up? The audience answered both. A gentleman stated he walked around today and counted 37 cracks. Mr. Hatfield stated there will be cracks. The gentleman stated there is a settling problem out there. Mr. Hatfield stated his question to the Council and to City Attorney Lemme is the developer didn’t have to put sidewalks down there anyway. Is that correct? City Attorney Lemme stated that was his understanding. Mr. Hatfield stated they did not even have to put sidewalks in but they did. So by the subdivision not being under the design criteria the City probably would not be responsible for them. Is that right? City Attorney Lemme stated if they are in the dedicated right of way when the City takes the subdivision over it is getting the sidewalks with it. Margaret Moore stated she feels we need to put this issue on hold until the next meeting. She stated she feels there are some issues that need to be looked into. Stacey Cline stated she agrees. Tony Miller stated he does not see how the City can take over the sidewalks. He stated he would like to inspect them himself. Margaret Moore made motion to table this issue until the next meeting so the Council can go and look at the remaining problems. Stacey Cline 2nd. Larry Hatfield stated they did not have to put the sidewalks in before the design criteria was changed. So from this point forward any time any builder puts sidewalks in we’re going to have to accept that because we’ve put it in our plan. He stated he doesn’t have any problem going and looking at the sidewalks but he feels Johnny and Richard deserve an answer at the next meeting and get this problem solved and get it over with. Mayor Sohm asked if we go down there and find 37 sidewalks are cracked; when we come back at the next meeting what are we going to do? Tony Miller stated we’ll have to make a decision on whether we take them or we don’t. Don Cundiff stated if the soil is not going to hold sidewalks anyway that’s something we need to look at. He stated even if we fix them they might be the same as there are now. Mayor Sohm asked PWF Walls if there was a way to test and see if the soil is compacted enough to carry a sidewalk? PWF Walls stated not without tearing it out. Larry Hatfield stated he thinks that we may be worried about something here that might cost the City a little money but these people pay taxes. They deserve to have their streets taken care of. They deserve to have their sewer and they deserve to have their streetlights. So we may be worrying about something that is minimal. He stated we get a lot of tax dollars from down there and if it costs the City a couple thousand dollars over the next two or three years we’re not losing any money. Don Cundiff stated that was fine but we want to know that we can fix it and that we’re not pouring money into something that can’t be fixed. City Attorney Lemme stated even if the sidewalks are bad Mr. Miller is not responsible to fix them. James Watkins asked PWF Walls what the cost would be to place 80 cracks. PWF Walls stated you have to replace by sections. He stated all you want to fix are the uneven sections. He stated if the City fixed the cost would be approximately $20.00--$25.00 per foot. Mayor Sohm stated it’s not going to be the situation where we take them over tonight and the sidewalks are replaced tomorrow. Larry Hatfield stated he doesn’t feel delaying this will help anything. At this time Stacey Cline withdrew her second. Mayor Sohm asked for a second to the motion to table this issue until the next meeting. Motion dies for lack of 2nd. Larry Hatfield made motion to take streets, right of ways and streetlights over in River Oaks subdivision. Tony Miller 2nd. Mr. Hatfield stated if there is a problem with the sidewalks he feels we get enough tax dollars from down there that we could fix them. James Watkins stated if we wait until the next meeting it won’t accomplish anything. Margaret Moore stated she had no problem to take it over she just doesn’t see the urgency. She stated she feels a wise decision is a better decision. Tony Miller asked PWF Walls to look at the sidewalks immediately and if there are couple inch gaps repair them right away. Vote was taken. Motion carried 6-0. Mayor Sohm stated the fire districts were scheduled to be at this meeting but there were none present. Mayor Sohm stated that by Friday, February 14th all residents in the sewer project should be able to hook on. He stated he had given the Council a copy of a letter to be distributed to residents explaining the steps to follow in paying tap on fees and hooking on to the sewer system. He stated an interest free payment plan was available to anyone interested. He also stated if anyone needs longer than the 60 days to hook on an extension will be granted. Mayor Sohm reported that the Historical Committee had a meeting and discussed working with the Recreation Committee to be able to utilize the park and it’s historic value. Elaine Wilson agreed to Chair the Historical Committee and she thinks there is a lot of potential in using the park as a tourism entity to attract people to this area. The cemetery and the first bank are a couple places of historic interest. He stated the City would have to hire someone to research and authenticate these things but there are several forts along the river that were established years ago. He stated there are several places where monuments could be put up or possibly rebuild the forts. He stated he’s very excited in the direction this committee is going Mayor Sohm stated there was no report for the Transportation/Beautification Committee. Mayor Sohm reported the Recreation Committee met and Tom Taylor was appointed Chairperson and Donna Stottman was appointed Secretary. He stated the committee will meet at least once a month and give a report to the Council on what their ideas are. It was discussed at this meeting to set up a meeting with Gresham and Smith, the engineers designing the park, so the Recreation Committee members can talk with them to trade ideas and decide what in the original design we don’t want to do and to come up with creative ways to fund the project. He stated he felt everyone had some good ideas and that Tom Taylor will do a good job chairing this Committee. Mayor Sohm reported that Jim Enlow has asked the City to surplus the Nextel phone he was assigned so he can keep it to use in his business. Larry Hatfield made motion to declare the phone surplus with no value and allow Jim Enlow to keep the phone. Tony Miller 2nd. Motion carried 6-0. City Attorney Lemme opened the bid on the City’s general liability insurance. He stated that only one bid had been received from St. Paul Company. The bid was $79,766.81. Mr. Larry Mitchum with the Roeding Group stated the only difference in last year’s policy were some of the deductibles had changed. Don Cundiff stated he felt it would be better to bid out the insurance for two or three years at a time rather than annually. It was agreed to do this at the next renewal. James Watkins made motion to accept St. Paul’s bid for $79,766.81. Larry Hatfield 2nd. Motion carried 6-0. City Attorney Lemme opened the bids on gas and diesel fuel for city vehicles. He stated three bids were received. Fastbreak Food Mart (Shell) bid a 2% discount off of pump price with a minimum purchase of $4000.00 a month; Newcomb Oil (Five Star) bid the pump price; Speedway SuperAmerica bid $0.03 cents off the pump price for every gallon purchased. After some discussion Margaret Moore made the motion to accept the bid from Speedway SuperAmerica based on the fact it’s the best bid at the average cost of gas at $1.50/gallon. Don Cundiff 2nd. Motion carried 5-1. (Larry Hatfield voted against) Larry Hatfield made motion to accept the bid for a six-month term due to the price of fuel fluctuating. Tony Miller 2nd. Motion carried 6-0. Discussion was held on requiring a clean out at the property service connection to the main sewer line. WWTPS Schroeder feels this should be in an Ordinance for any new developments. Mayor Sohm stated this can be added to the design criteria by a vote of the City Council. After some discussion Mayor Sohm asked PWF Walls to get MSD’s specs on this and we would go by them as to how far in the ground the clean out has to be and what it should be made of. Mayor Sohm asked City Attorney Lemme to prepare this for the next meeting to discuss. Mayor Sohm also asked City Attorney Lemme to prepare an Ordinance on developers and builders being bonded before they do work in the City. Richard Miles asked the Mayor what determines who is a builder and who is not? After some discussion Mayor Sohm asked the Council to call City Attorney Lemme with suggestions on what should be put into this ordinance. City Attorney Lemme had first summary reading of Ordinance 003-(number to be assigned) relating to rezoning real property of Dogwood Homes of KY, LLC containing 10.58 acres, more or less, located between 614 and 718 Beech Grove Road to R-3 Residential. He stated there are restrictions. There can be no more than 25 units and only multi family residences. He also stated the Planning Commission had approved this request. Mayor Sohm asked Mr. Miles if he planned to use the entire acreage for homes? Mr. Miles answered all will be lotted off. City Attorney Lemme had first summary reading of Ordinance 003-(number to be assigned) annexing approximately 8.61 acres of land contiguous to the existing city limits and located on Kentucky Highway 1020. Mayor Sohm stated that we had received a letter from Suburban Construction requesting the City to send a letter to the Kentucky Housing Corporation supporting Cedar Grove Apartments Phase II rehabilitation project. Margaret Moore made motion to send the letter. Don Cundiff 2nd. Motion carried 6-0. Planning Commission Appointee Ben Robards reported there was nothing new for Shepherdsville. Board of Adjustments Appointee Scott Isert asked the Mayor and Council how often they wanted him to attend the meetings? Mayor Sohm stated he would like Mr. Isert to attend every meeting if possible unless there is nothing to report. Police Chief Ron Morris stated that over the last several months he has attended several meetings with EMS. He reported that the City will receive one or two AED units. This will allow us to respond fairly quickly in emergency situations. The only cost to the city is a $500 annual maintenance fee. Margaret Moore stated she is working on the list for clean up in the City. Mayor Sohm asked for a motion to adjourn to executive session to discuss litigation and possible property acquisition. Don Cundiff made motion to adjourn to executive session. James Watkins 2nd. Motion carried 6-0. Margaret Moore made motion to return to regular session. Don Cundiff 2nd. Motion carried 6-0. Mayor Sohm stated litigation and property acquisition had been discussed with no final action taken. Don Cundiff made motion to adjourn. Larry Hatfield 2nd. Motion carried 6-0. Meeting adjourned at 10:30 p.m. APPROVED: ATTEST: |
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